DIRECTOR GENERAL, E.S.I.C. Vs. PARVATHY
LAWS(SC)-2020-9-60
SUPREME COURT OF INDIA
Decided on September 18,2020

DIRECTOR GENERAL, E.S.I.C. Appellant
VERSUS
PARVATHY Respondents

JUDGEMENT

- (1.)Original Application No.533 of 2018 was filed by the respondents herein seeking following reliefs:
"i) To set aside Annexure A27 as unjust, illegal and arbitrary;

ii) To set aside Annexures A22 to A26 to the extent to which those only sanctioned extra ordinary leave to the applicants and not the study leave with all consequential benefits;

iii) To declare that the applicants are entitled to study leave from the period 1/5/2018 to 30/4/2021 with all consequential benefits under Rule 50 of CCS (Leave) rules;

iv) To direct the respondents 1 to 3 to pass appropriate orders granting the applicants the study leave with all the consequential benefits under Rule 50 of CCS (Leave) Rules leave from the period 1/5/2018 to 30/4/2021;

v) To direct the respondents 1 to 3 to pass appropriate orders recalling Annexures A22 to Annexure A26 orders;

vi) To direct the respondents no.1 to 4 to disburse the due leave salary for the applicants from the month of May 2018 with immediate effect treating the applicants as the persons who are granted study leave under Rule 50 of CCS (Leave) Rules from the period 1/5/2018 to 30/4/2021;

viii)To issue such order appropriate orders or directions that this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case.

(2.)The first relief pertained to Annexure A-27, namely, communication dtd. 9/5/2017, which was issued by the Employees State Insurance Corporation and was to the following effect:
"To

1. Directorate (Medical) Delhi.

2. Directorate (Medical), Noida.

3. Medical Superintendent of All ESIC Hospitals.

4. Dean of all ESIC PGIMSR and Medical Colleges.

(3.)Subject: Regarding Study leave in r/o Medical Officers Sir, It has been observed that proposals are being sent to Hqrs. Office for approval of Competent authority for sanction of study leave without proper verification of instructions issued earlier.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.